Calagan, P. A. (1992). The indigenous legal system...
Calagan, P. A. (1992). The indigenous legal system among the Barlig people of
Eastern Mountain Province. (Unpublished master’s thesis). Baguio City:
Baguio Colleges of Foundation.
Physical location: University of the Cordilleras Library, Baguio City
ABSTRACT
The Barlig people who are among those belonging to the indigenous
cultural communities of the Philippines have evolved a system of social
regulations, institutions and processes that maintain peace, order and justice
within the ill even without the benefit of government. These regulations are
popularly referred to as customary laws or indigenous legal system in general
which needs to be codified and recorded not merely for purposes of preservation
but more of providing data and information to help facilitate the implementation of
the state policy of taking into consideration the customs, beliefs and practices of
indigenous communities. Furthermore, this study is in line with the government’s
policy of self determination for indigenous people and consequently giving due
recognition to these customary laws as binding and effective legal code of their
own.
The study sought to investigate the indigenous legal system of the Barlig
people specifically their customary laws on family, property, penalty, and
procedure, inter-village relations and other peace and order in the ili. The study
also aimed to determine how these customary laws are explained and justified by
the elders of the ili.
In providing answers to the problems so formulated, the researcher made
use of the field research, individual case study, genealogical, and the historic
narrative and descriptive methods. Specifically, the researcher utilized
participation and observation, key-informant technique, and other interviews and
consultations including mapping and picture taking to further illustrate the setting
of the study and the key-informants respectively.
Major Findings
1. On family law – The Barlig people view marriage as a union between two
members of a kinship group primarily for the production of children. If no
children are born as a result, a divorce is allowed to set free each spouse
to look for a partner who can beget him/her a child. In addition, the
obligation of parents in rearing their children ends only when these
children get married and rear their own children
2. On property law – The Barlig people practice the primogeniture rule in the
devolution of properties to children. In addition, the property relations
between among spouses is that of a conjugal partnership of gains which is
evident in case of divorce whereby each spouse will take back his/her
property brought to the conjugal dwelling. Property ownership is limited to
trust administration by the owner on behalf of his children and rightful heirs
and is further limited by the fact that members of his kinship group
exercise rights over his properties.
3. On penal law and procedure – The Barlig people have only two
classification of penalty, the death penalty and fine. These are imposed by
the offended party and his kin against the offender and his kin. The
settlement of dispute is done through conciliation with the two opposing
kinship groups who is a person or group of persons who are related by
consanguinity to both of the conflicting parties.
4. On inter-ili law – The Barlig people have concluded peacepacts with
neighboring ilis and such peacepacts are strictly kinship-oriented. The
titles as punchun holder is acquired thtough inheritance without
discrimination as to sex.
Conclusions
The conclusions of the study are:
1. The family exists primarily for the production and rearing of children.
Children are fundamentally important because they add more
members to the kinship group thus making it strong to enforce the law
against offenders
2. The limited individual ownership principle is the rule that governs the
relationship between spouses. In addition, the primogeniture principle
is followed with respect to the transfer of parental properties to heirs.
3. The kinship group is the only legal institution in a Barlig ili that
possesses a legal personality in enforcing the customary laws on
penalty and procedure against erring kinship groups, hence collective
responsibility, collective recipiency of punishment and collective
procedures are the principles behind the settlement of conflicts which
is purely conciliatory in nature with the kiawa/tonga as conciliator
4. The peacepact system in a Barlig ili is purely kinship-oriented and
peacepact holders are limited within specific kinship groups only.
Recommendations
1. The customary laws and indigenous legal institutions and processes of
the Barlig people as herein codified should be given legal recognition by the
Philippine government. These laws were proven to be effective in maintaining
peace and order in the ili since they were conceived in accordance with the
geographical, physical, economic, social and other environmental conditions and
characteristics of the Barlig ili and people.
2. These customary laws and legal institutions and processes should be
incorporated as part of elementary and high school curriculum in Barlig to provide
the young generations with deeper understanding and knowledge of their own
indigenous laws and to supplement what is being learned by the child at home
and his environment. This would help educate the child to be good and
responsible citizen.
3. These laws should be taken into consideration in analyzing political
theories particularly those concerning the origin and evolution of government and
laws. This study should be utilized to confirm or criticize these theories.
4. Further researches and investigations on these customary laws and
legal institutions and processes should be undertaken to supplement what has
not been discussed in this paper particularly the interface of these laws with
Philippine law and also with the indigenous laws of other cultural communities to
determine points of convergence and divergence, similarities and differences and
to possibly remedy these differences or draw generally acceptable principles
common among cultural communities.
Eastern Mountain Province. (Unpublished master’s thesis). Baguio City:
Baguio Colleges of Foundation.
Physical location: University of the Cordilleras Library, Baguio City
ABSTRACT
The Barlig people who are among those belonging to the indigenous
cultural communities of the Philippines have evolved a system of social
regulations, institutions and processes that maintain peace, order and justice
within the ill even without the benefit of government. These regulations are
popularly referred to as customary laws or indigenous legal system in general
which needs to be codified and recorded not merely for purposes of preservation
but more of providing data and information to help facilitate the implementation of
the state policy of taking into consideration the customs, beliefs and practices of
indigenous communities. Furthermore, this study is in line with the government’s
policy of self determination for indigenous people and consequently giving due
recognition to these customary laws as binding and effective legal code of their
own.
The study sought to investigate the indigenous legal system of the Barlig
people specifically their customary laws on family, property, penalty, and
procedure, inter-village relations and other peace and order in the ili. The study
also aimed to determine how these customary laws are explained and justified by
the elders of the ili.
In providing answers to the problems so formulated, the researcher made
use of the field research, individual case study, genealogical, and the historic
narrative and descriptive methods. Specifically, the researcher utilized
participation and observation, key-informant technique, and other interviews and
consultations including mapping and picture taking to further illustrate the setting
of the study and the key-informants respectively.
Major Findings
1. On family law – The Barlig people view marriage as a union between two
members of a kinship group primarily for the production of children. If no
children are born as a result, a divorce is allowed to set free each spouse
to look for a partner who can beget him/her a child. In addition, the
obligation of parents in rearing their children ends only when these
children get married and rear their own children
2. On property law – The Barlig people practice the primogeniture rule in the
devolution of properties to children. In addition, the property relations
between among spouses is that of a conjugal partnership of gains which is
evident in case of divorce whereby each spouse will take back his/her
property brought to the conjugal dwelling. Property ownership is limited to
trust administration by the owner on behalf of his children and rightful heirs
and is further limited by the fact that members of his kinship group
exercise rights over his properties.
3. On penal law and procedure – The Barlig people have only two
classification of penalty, the death penalty and fine. These are imposed by
the offended party and his kin against the offender and his kin. The
settlement of dispute is done through conciliation with the two opposing
kinship groups who is a person or group of persons who are related by
consanguinity to both of the conflicting parties.
4. On inter-ili law – The Barlig people have concluded peacepacts with
neighboring ilis and such peacepacts are strictly kinship-oriented. The
titles as punchun holder is acquired thtough inheritance without
discrimination as to sex.
Conclusions
The conclusions of the study are:
1. The family exists primarily for the production and rearing of children.
Children are fundamentally important because they add more
members to the kinship group thus making it strong to enforce the law
against offenders
2. The limited individual ownership principle is the rule that governs the
relationship between spouses. In addition, the primogeniture principle
is followed with respect to the transfer of parental properties to heirs.
3. The kinship group is the only legal institution in a Barlig ili that
possesses a legal personality in enforcing the customary laws on
penalty and procedure against erring kinship groups, hence collective
responsibility, collective recipiency of punishment and collective
procedures are the principles behind the settlement of conflicts which
is purely conciliatory in nature with the kiawa/tonga as conciliator
4. The peacepact system in a Barlig ili is purely kinship-oriented and
peacepact holders are limited within specific kinship groups only.
Recommendations
1. The customary laws and indigenous legal institutions and processes of
the Barlig people as herein codified should be given legal recognition by the
Philippine government. These laws were proven to be effective in maintaining
peace and order in the ili since they were conceived in accordance with the
geographical, physical, economic, social and other environmental conditions and
characteristics of the Barlig ili and people.
2. These customary laws and legal institutions and processes should be
incorporated as part of elementary and high school curriculum in Barlig to provide
the young generations with deeper understanding and knowledge of their own
indigenous laws and to supplement what is being learned by the child at home
and his environment. This would help educate the child to be good and
responsible citizen.
3. These laws should be taken into consideration in analyzing political
theories particularly those concerning the origin and evolution of government and
laws. This study should be utilized to confirm or criticize these theories.
4. Further researches and investigations on these customary laws and
legal institutions and processes should be undertaken to supplement what has
not been discussed in this paper particularly the interface of these laws with
Philippine law and also with the indigenous laws of other cultural communities to
determine points of convergence and divergence, similarities and differences and
to possibly remedy these differences or draw generally acceptable principles
common among cultural communities.